Legal Opinion

Stuart-Bullock v. State of NY

New York Court of Appeals

Decided February 21, 1974No. Claim 48922PublishedCited by 30 opinions

1Opinion of the CourtJ ones, J.

May the State of New York be held liable for failure to have erected a barrier in the median between the traffic lanes of a divided express highway, where such failure, while not causing the motor vehicle accident, could be said to have aggravated the injuries sustained?

The Court of Claims found negligence and thus liability in a wrongful death action against the State. The Appellate Division reversed and dismissed the claim. We agree with the Appellate Division and accordingly affirm.

In the midafternoon hours of August 26, 1967 the decedent was traveling eastbound on the Cross-Westchester…

2Cases cited2 opinions

  1. Ranney v. Habern Realty Corp.New York Court of Appeals · 1954
  2. Ranney v. Habern Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1953

3Cited by30 opinions

  1. Friedman v. State of New YorkNew York Court of Appeals · 1986
  2. Gutelle v. City of New YorkNew York Court of Appeals · 1981
  3. Santangelo v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  4. Gomez v. New York State Thruway AuthorityNew York Court of Appeals · 1988
  5. Pontello v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1983

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